The Services on this Web site act as a system or venue to introduce and refer you to financial Service companies and providers of information. CashNow.com uses reasonable efforts to ensure the availability of the information and content, including links, which it makes available through the Services. However, the Services are composed of content not offered by CashNow.com. CashNow.com does not control (i) the quality, safety or legality of items available through or on its advertisers’ Web sites or sites of third parties not in privity of contract with CashNow.com, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. CashNow.com is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or Service for any purpose or price or on any specific terms. cashnow.com does not guarantee the price, terms, product, availability and/or Services offered by any advertiser. For all of the Services, cashnow.com is not involved in any transactions between you and any of its advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, Services or information provided by advertisers and/or Services. The technology underlying, and content within, the Services is owned by CashNow.com and/or its licensors (including CashNow.com‘s advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and CashNow.com, CashNow.com owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. CASHNOW.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CashNow.com‘s Potential Liability for the Services is Limited
NEITHER CASHNOW.COM NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. CASHNOW.COM WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CASHNOW.COM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
CashNow.com disclaims any responsibility for the content of any third party materials provided through or on the CashNow.com Web site. CashNow.com does desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. ¤ 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
In notifying CashNow.com of alleged copyright infringement, you must include the following information: a description of the copyrighted work that is the subject of claimed infringement; information sufficient to permit CashNow.com to locate the alleged material Contact information for you, including your address, telephone number and/or email address; a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and, a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
CashNow.com is also a Service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, CashNow.com has designated an agent to receive notifications of alleged copyright infringement on the Services. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/. CashNow.com does not arbitrate or resolve trademark disputes among CashNow.com‘s advertisers or between those advertisers and third parties. However, cashnow.com will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. cashnow.com may occasionally receive a request to remove listings from within the Services. cashnow.com reserves the right to address such requests on a case-by-case basis. cashnow.com is a provider of an interactive computer Service for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein.
Privacy and Data Collection
Control over Features, Functions, and Access to the Services
CashNow.com reserves the right to change any information, features and functions of the Services without prior notice. CashNow.com may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that cashnow.com determines, in its sole discretion, violate this Agreement, the rights of CashNow.com or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. CashNow.com‘s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CashNow.com may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property of you or CashNow.com.
You may direct any questions concerning this Agreement to:
CashNow.com may amend this Agreement at any time by posting the amended terms on its Web site. Except as stated below, all amended terms are automatically effective immediately, upon posting. This Agreement may not be otherwise amended except in a written document signed by you and CashNow.com This agreement was last revised on January 25, 2011.